Street Collections (Regulation) Act 1940

Street Collections Regulations 1999

Reprint 1: The regulations as at 1 February 2007


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

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removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

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Reprint numbering and date

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2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 1 February 2007

Street Collections Regulations 1999

CONTENTS

1.Citation1

2.Terms used in these regulations1

3.Application for permit1

4.Form of permit1

5.Identification badges2

6.Minimum age for collectors2

7.Collection boxes2

8.Making a collection3

9.Obstruction3

10.Collection returns3

11.Collectors, promoters etc. not to be paid3

12.Investigation by Commissioner 4

13.Offence4

14.Infringement notices4

15.Forms5

Schedule 1 — Form of permit

Schedule 2 — Prescribed offences and modified penalties

Schedule 3 — Forms

Form 1 — Infringement notice8

Form 2 — Withdrawal of infringement notice10

Notes

Compilation table11

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 1 February 2007

Western Australia

Street Collections (Regulation) Act 1940

Street Collections Regulations 1999

1.Citation

These regulations may be cited as the Street Collections Regulations 1999 1.

2.Terms used in these regulations

In these regulations —

authorise means authorise in writing;

Commissioner 2 has the same meaning as it has in the Consumer Affairs Act 1971;

permit means a permit under section 4 of the Act;

permit holder means a person to whom a permit has been granted.

[Regulation 2 amended in Gazette 22 Sep 2006 p. 4134.]

3.Application for permit

An application for a permit is to be in a form approved by the Minister.

4.Form of permit

A permit is to be in the form set out in Schedule 1.

5.Identification badges

(1)A collector must wear an identification badge bearing the name of the permit holder in a conspicuous place at all times while taking part in a collection.

(2)A collector must allow a person authorised by the Minister to inspect the collector’s identification badge on request.

6.Minimum age for collectors

A permit holder must not allow a person who is under 16 to be a collector unless authorised by the Minister to do so.

7.Collection boxes

(1)A permit holder must provide one or more collection boxes to each collector.

(2)A collection box —

(a)may be a box, tin, or other receptacle capable of securely holding money;

(b)must not be fixed to a pole or otherwise designed to be held beyond the reach of the collector;

(c)must be securely closed and sealed so that it cannot be opened or money removed from it without the seal being broken; and

(d)must have prominently displayed on it —

(i)the name of the person or persons for whom the collection is being made; and

(ii)the date of the collection.

(3)A permit holder must consecutively number all of the permit holder’s collection boxes and keep a record of which boxes are issued to each collector.

8.Making a collection

(1)If a person wishes to contribute to a collection a collector must offer a collection box to the person so the person can put the contribution into the box.

(2)If a person gives a contribution to the collector the collector must immediately put it into a collection box.

(3)A collector must not open or break the seal on a collection box.

(4)A collector who has finished collecting is to give all the collector’s collection boxes to the permit holder or a person authorised by the permit holder to receive collection boxes.

9.Obstruction

While taking part in a collection a collector must not obstruct a public street (as defined in section 3 of the Act) or annoy any person using a public street.

10.Collection returns

Within 30 days after the date of a collection a permit holder must give to the Minister a written statement, signed by the permit holder, setting out —

(a)the amount collected;

(b)the expenses incurred in carrying out the collection; and

(c)the amount that has been, or is to be, distributed to each of the persons for whom the collection was made.

11.Collectors, promoters etc. not to be paid

(1)A person must not pay —

(a)a person for being a collector; or

(b)any other person for promoting or otherwise assisting with a collection,

unless the permit authorises that payment.

(2)In subregulation (1) —

pay includes give, whether directly or indirectly, any benefit or reward.

12.Investigation by Commissioner 2

(1)The Minister may request the Commissioner 2 under the Consumer Affairs Act 1971 to investigate a collection.

(2)On receipt of a request the Commissioner 2 is to —

(a)make all investigations the Commissioner 2 considers appropriate; and

(b)report the result of the investigations to the Minister.

(3)For the purpose of subregulation (2) the Commissioner 2 may direct a person to produce any documents specified in the direction and the person must comply with that direction.

[Regulation 12 amended in Gazette 12 Jan 2007 p. 49.]

13.Offence

A person who fails to comply with these regulations commits an offence.

Penalty: $40.

14.Infringement notices

(1)The offences specified in Schedule 2 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2)The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.

(3)The Commissioner 2 may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.

(4)The Commissioner 2 is to issue to each authorised officer a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

[Regulation 14 inserted in Gazette 22 Sep 2006 p. 4134.]

15.Forms

The forms set out in Schedule 3 are prescribed in relation to the matters specified in those forms.

[Regulation 15 inserted in Gazette 22 Sep 2006 p. 4134.]

 

Schedule 1 Form of permit

[r. 4]

Street Collections (Regulation) Act 1940

Permit to conduct a Street Collection

 

(Name)

has permission under the Street Collections (Regulation) Act 1940 to conduct a street collection in the Perth metropolitan area.

The street collection may be carried out —

on (date)

 

 

 

 

between

a.m. /p.m.

and

a.m. /p.m.

 

 

Signature of Minister

 

 

 

 

 

Date

 

Schedule 2 — Prescribed offences and modified penalties

[r. 14]

[Heading inserted in Gazette 22 Sep 2006 p. 4134.]


Offences under
Street Collections (Regulation) Act 1940

Modified penalty

s. 3(1), 8

Unauthorised person making collection in public street .............................................................


$400

s. 4(2), 8

Making collection in public street outside permitted times or permitted area ...........................


$400

[Schedule 2 inserted in Gazette 22 Sep 2006 p. 4134.]

Schedule 3 — Forms

[r. 15]

[Heading inserted in Gazette 22 Sep 2006 p. 4135.]

Form 1 — Infringement notice


Street Collections (Regulation) Act 1940

Infringement notices

Infringement
notice no.

Alleged offender

Name:Family name

Given names

orCompany name ____________________________________

ACN

Address ________________________________________________

Postcode

Alleged offence

Description of offence _____________________________________

 

Street Collections (Regulation) Act 1940 s

Date //20Time a.m./p.m.

Modified penalty $

Officer issuing notice

Name

Signature

Office

Date

Date of notice //20

Notice to alleged offender

It is alleged that you have committed the above offence.

If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice.

How to pay

By post: Send a cheque or money order (payable to ‘Approved Officer — Street Collections (Regulation) Act 1940’) to:

Approved Officer — Street Collections (Regulation) Act 1940

Department of Consumer and Employment Protection

Locked Bag 14 Cloisters Square

Perth WA 6850

In person: Pay the cashier at:

Department of Consumer and Employment Protection
219
St George’s Terrace, Perth WA

 

If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act your driver’s licence and/or vehicle licence may be suspended.

If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Approved Officer at the above postal address.

If you want this matter to be dealt with by prosecution in court, sign here _______________________________________
and post this notice to the Approved Officer at the above postal address within 28 days after the date of this notice.

[Form 1 inserted in Gazette 22 Sep 2006 p. 4135.]

Form 2 — Withdrawal of infringement notice

Street Collections (Regulation) Act 1940

Withdrawal of infringement notice

Withdrawal no.

Alleged offender

Name:Family name

Given names

orCompany name _____________________________________

ACN

Address _________________________________________________

Postcode

Infringement notice

Infringement notice no.

Date of issue //20

Alleged offence

Description of offence ____________________________________

 

Street Collections (Regulation) Act 1940 s

Date //20Timea.m./p.m.

Officer withdrawing notice

Name

Signature

Office

Date

Date of withdrawal //20

Withdrawal of infringement notice

 

[*delete
whichever

is not applicable]

The above infringement notice issued against you has been withdrawn.

If you have already paid the modified penalty for the alleged offence you are entitled to a refund.

*Your refund is enclosed.

or

*If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:

Approved Officer — Street Collections (Regulation) Act 1940

Department of Consumer and Employment Protection

Locked Bag 14 Cloisters Square

Perth WA 6850

Signature//20

[Form 2 inserted in Gazette 22 Sep 2006 p. 4135‑6.]

dline

 

 

Notes

1This reprint is a compilation as at 2 February 2007 of the Street Collections Regulations 1999 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Street Collections Regulations 1999

7 Dec 1999 p. 5991‑4

7 Dec 1999

Street Collections Amendment Regulations 2006

22 Sep 2006 p. 4133‑6

22 Sep 2006 (see r. 2(a))

Street Collections Amendment Regulations (No. 2) 2006

12 Jan 2007 p. 49

12 Jan 2007

Reprint 1: The Street Collections Regulations 1999 as at 2 Feb 2007 (includes amendments listed above)

2As at the time of this reprint the person designated as the Commissioner for the purposes of the Act is known as the Commissioner for Consumer Protection (see Gazette 18 August 2006 p. 3372).

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

authorise2

Commissioner2

pay11(2)

permit2

permit holder2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer